Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18856 of 2019 Arising Out of PS. Case No.-418 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== SANTOSH PASWAN Son of Girja Paswan Resident of Village- Chhajan Gonu, P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kumari Vandana, Advocate.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kurhani (Kudhani) (Turki O.P.) P.S. Case No. 418 of 2018, instituted for the offence under Section(s) 394, 302 of Indian Penal Code. Subsequently, Section 414 of the Indian Penal Code was added, but charge sheet has been submitted under Section 396 and 414 of the Indian Penal Code.

It is alleged in the written report that some unknown culprits after killing brother of the informant has taken away the truck loaded with TMT sariya.

During investigation, on the basis of clue given by the spy, one Sujeet Kumar was apprehended and police recorded his confessional statement. The name of petitioner has been

Patna High Court CR. MISC. No.18856 of 2019(2) dt.28-03-2019 2/2 disclosed by the co-accused Sujeet Kumar in his confessional statement. It is further alleged that one Basant Kumar also disclosed the name of this petitioner during investigation in his confessional statement before the police.

Petitioner is in custody since 3.11.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate cum Sub Judge 3rd, West Muzaffarpur, in connection with Kurhani (Kudhani) (Turki O.P.) P.S. Case No. 418 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T